Best Lawyer » Business Lawyer

Tips For Hiring a Lawyer

admin — Sat, 26 Jun 2010 15:43:26 +0000

First, do not hire a lawyer who actively seeks your business. If, without your consent, a lawyer or someone acting on his behalf communicates with you in person or by telephone and asks you to hire him in connection with your accident, this is known as “ambulance chasing” and contrary to the Legal Rules of Professional Conduct. If a lawyer will break those rules to obtain your business, this lawyer is likely not the kind of lawyer you wish representing you.

Ensure you are aware of what you’re paying for. All fee systems are different. Explore if your lawyer will request fees “off the top” or only after all of the expenses are calculated. Insist on obtaining this information in writing and in clear, concise language that you are comfortable with. Expenses will include: court costs, court reporter and copies of transcripts, expert witness fees, private investigator, postage, telephone, courier, and photocopying, legal research, out of town air or car transportation, and hotel and meal expenses.

Learn how you can fire a lawyer. Some contracts specify that even if you fire a lawyer, the lawyer still obtains a substantial percentage of any future settlement you may receive. Ensure that you know how to fire your lawyer prior to your hiring him.

Inspect your lawyer’s records. Inquire through your state bar association if your lawyer has ever been the subject of an ethical complaint. Realizing your lawyer has a pattern of questionable conduct could alert you to potential problems, saving you money and time.

Know your options and ensure your lawyer is protecting them.Lawyers do not merely sue. Suing may be one of the more expensive paths for you to obtain compensation. Ensure that your lawyer has an open mind with alternative means to resolve your problem, such as mediation. Be certain you are obtaining a fair, ethically driven lawyer.

These are 7 essentials to enquire of before concurring to hire any lawyer:

1. Is the lawyer a generalist or a specialist in one category of law?

2. Has this lawyer handled cases like yours before?

3. What alternatives to a lawsuit might be contemplated?

4. Should mediation or arbitration be taken into account?

5. How long should you expect to retain the lawyer’s assistance?

6. How often will you be billed, and what’s the lawyer’s assessment for fees and services?

7. Is the lawyer safeguarded by malpractice insurance?

By: Johnathan Davidson

4 Good Reasons Every Florida Corporation Needs a Business Lawyer

admin — Thu, 10 Jun 2010 07:19:22 +0000

Every corporation, despite its nature, size or location, can benefit from having an effective lawyer that specializes in business affairs on retainer. An experienced business lawyer can provide legal assistance at every stage of your business, from the conception and organization phase, to advising you of potential issues of liability, and defending you from frivolous claims and lawsuits that could threaten your corporation’s success.

If you do not have a business lawyer on retainer, you are not alone. Most business owners do not consider hiring a lawyer until they are faced with a specific legal problem or after they’ve been sued by another party.

An experienced and knowledgeable business lawyer can play an integral role in your corporation’s success. Here are four good reasons every corporation needs to hire a business lawyer:

1. To assist with the start-up and organization of the corporation…

One of the best times to enlist the services of a lawyer is at or before the start-up of your business. A lawyer can help you evaluate the viability of your business idea before you invest any capital. He/she can also help you choose the best structure for your company, whether a limited liability company or corporation, and help you identify any potential liability or other legal issues you may face.

2. To keep your corporation in compliance with applicable local and federal laws…

There are laws that govern practically any and every action your corporation wishes to carry out. However, because most entrepreneurs that decide to start a corporation does so with little or no legal expertise, many corporations fail to comply with laws that are applicable to them and as a result, they face fines, lawsuits and other legal actions. A business lawyer can make sure you’re aware of the laws and regulations that are relevant to your corporation, and prevent you from taking action that will jeopardize your corporation’s success.

3. To properly advise and structure partnership agreements…

As with most business partnerships, there will be times when all parties will not agree on the operations of the business, management decisions, employees, or salaries. If you are considering starting a business with another person or entity, or entering into some type of partnership, protecting your interests should be one of your top priorities. With the help of a business lawyer, you can have a partnership agreement drafted that will layout and define each partner’s expectations. By clearly defining the roles, responsibilities and expectations of each partner, you can limit the presence of disagreements and potential conflicts.

4. To prepare ironclad business contracts…

An essential component of any business relationship is a written, legally-binding contract. In Florida, there are three essential components that must be present in a valid Florida contract. If your contract lacks any one of the three components, it may not be considered valid and enforceable. Thus, the terms of the agreement that were in place to protect you and your company, can be considered null and void, denying you the very protection you sought during preparation of the contract. A business contracts lawyer can protect you from this potential pitfall by preparing an ironclad business contract that outlines the terms of the contract and possesses each of the three elements required in the state of Florida.

As with any business endeavor, it is imperative that you put forth every effort to protect your business and non-business related interests. Waiting to hire a business lawyer can be dangerous for you and your corporation. In the event a problem arises, you can better benefit from the assistance of a lawyer that you have an existing relationship with; a lawyer that thoroughly understands the ins and outs of your corporation.

Why risk your Florida corporation’s success by foregoing a business lawyer? By hiring a Florida business lawyer, you are one step closer to building the successful empire you’ve dreamt of. While you focus on what you do best, your business lawyer can focus on helping you protect, defend and build your corporation.

By: Mark Schecter

An Entrepreneur’s Guide to Using a Lawyer

admin — Tue, 16 Feb 2010 23:16:28 +0000

Starting your own company can have great perks. You are your own boss. You get to control your hours. Great, right? Some budding entrepreneurs rush into the whole start up process and go right at the “business” aspect of their company. Well, one step many entrepreneurs forget to do is hiring a lawyer. The image of a lawyer is usually intimidating for most entrepreneurs. They avoid using them as much as they can. Many think that it will be very expensive. I know that when I started my first company, entering into those fancy offices and grand conference rooms seemed extremely intimidating. But, trust me, in the long run it’s the right choice.

Here’s how lawyers can help you:

Market knowledge. You know your product or service. I’m guessing you have also done a fair amount of research into the market you want to enter (hopefully, if not stay turned for my upcoming guide on market research). But do you know enough? A lawyer familiar with your industry has already acquired a depth and breadth of knowledge that would take years to match. Tapping into that knowledge is a wise investment in your business. A good lawyer will be able to tell you if the moves you are contemplating are wise, from a business and a legal perspective.

Validity of transactions. Once you decide to proceed with your start up, you will be making transactions with other people. Perhaps it will involve issuing stock, or creating contracts with partners and employees. At these crucial junctures, you will need an experienced person to create or look over your agreements. At these times you should seek guidance from a lawyer. He or she can help you decide if a transaction is actually in your best interest. A lawyer can also ensure that a certain transaction won’t hurt you in the future. That assurance alone can be invaluable.

Legal compliance. There is almost no way for you, as a non-lawyer, to know about every law and regulation that affects the industry you want to get into. There are several different areas that are vital to your business’ success. You may find yourself making costly errors. When, for example, you are bringing in investors, incorporating your company, or dealing with your former employer’s claims on your new venture, you need to be sure you are on solid legal footing, have filed the correct paperwork and paid the correct fees.

Intellectual property. Suppose you begin to develop an idea with two friends. A few weeks into the process, one friend loses interest and drops out. The two of you that are left to develop your idea into a sellable product. Finally, the money starts coming in, and life starts improving. Then, you are hit with the lawsuit. Your “friend,” the one who left, is claiming that you were working with his idea. Now he wants your share of the profits, even though he really had nothing to do with your success. Unfortunately, this happens all the time. A lawyer can tell you what you need to do to make sure someone doesn’t take credit for your idea. That may involve patents, or having someone who leaves the company relinquish their rights to future profits. You will need to know about IP rights assignment and non-disclosure agreements (NDAs).

Forming a corporation. At some point, you will need to form a legal entity, either by yourself or with the people who are working with you to develop this idea. But all corporations are not created equal! And you have several options that serve different purposes. All of them provide some tax and liability protections. But you can’t be expected to know which of them best fits your business. However, this is usually where a good corporate lawyer is useful. He or she can look at your specific information, ask several questions, and tell you not only which setup best fits your situation, but which state to file incorporation papers in. (Some states, like Delaware, are much more corporation-friendly than others! And often preferred by investors but what are the pros and cons and costs involved).

By: Akash J. Shah

Finding the Best Criminal Attorney For Your Needs

admin — Sat, 06 Feb 2010 13:40:37 +0000

Certainly nobody likes to think about waking up one day and finding themselves in need of a criminal attorney but if it happens it’s good to know that the residents of south Florida have choices. From the Fort Lauderdale attorney, Miami attorney, to West Palm Beach criminal lawyer, the southern areas of Florida have many excellent lawyers to take care of you if and when you ever need their assistance.

Sometimes being an attorney is a thankless job; some people see these lawyers as working for the bad guys. But in our country everybody has the right to a fair trial and that means everybody has the right to legal counsel. That legal counsel should be well educated in the many laws that govern each state and country. A Fort Lauderdale criminal lawyer will need to know entirely different aspects of the law than a business lawyer from Boston. A Miami criminal lawyer will need to be well versed in litigation concerning felonies whereas a mortgage attorney will not need to know such things.

A well-educated attorney can make bad decisions that somebody made be less painful when it comes to trial and sentencing. It is the criminal attorney’s job to support the innocents of the client and to make the job of the prosecutor more difficult. The burden of proof falls on the prosecutor and they must prove the clients guilt while the attorney supports the clients’ innocents. Ultimately the client puts his life in the hands of his criminal attorney and that is why it’s very important to make sure one has the best criminal lawyer you can get.

It is a misconception that criminal attorneys only have clients that are of the most deviant of offenders. This is not true. Certainly those accused of crimes such as murder, robbery, and rape need the assistance of a criminal lawyer but also those accused of white-collar crimes in business need the assistant of a knowledgeable criminal attorney as well. A good percentage of clients who seek the help of a criminal attorney are those who are accused of white-collar crimes such as business executive and those in the stock market.

There are many high profile cases that are spotlighted by the media; many criminal attorneys have made a name for themselves when representing one of these high profile cases. This is when a criminal attorney needs to have all his ducks in a row because all eyes are on him/her to see how he/she will represent the client and if he or she will win. Not all criminal attorneys like or even want a high profile case because they tend to be rather difficult cases. Being in the spotlight doesn’t always work well for the defense.

It is safe to say that should you ever need an attorney you will want to get the very best in the business. If you need a criminal lawyer your life is on the line; a good attorney will help you get back your life.

By: Chris Robertson

Arizona Business Lawyers

admin — Fri, 15 Jan 2010 16:00:34 +0000

Starting your own business can be one of the most stressful events in your life. This is because of the numerous things you need to attend to in setting up you business, including getting the necessary permits, looking for a location, and hiring employees. Among these, one of the most complicated things to do is to review the lease agreements and other legal documents that you need for the operations of your business. One of the reasons why doing so can become a challenge is because not everyone can fully appreciate the legal languages that are in these documents. This is especially true if the place where you are starting your business has some of the most stringent laws with regard to leases and other legal matters. One such place is Arizona, which has some of the most stringent laws with regard to business as a result of the healthy and varied business profile of the state.

Getting a business lawyer in Arizona

Given the need for you to get legal advice on the different contracts you would be entering into in your business, getting a business lawyer becomes a necessity because, apart from giving you advice on contracts and other matters, like zoning laws, business lawyers can also negotiate on your behalf. However, looking for a good business lawyer requires that you do an adequate amount of research so that you can fine the best lawyer for your business. One of the best ways to do so is to ask for referrals from friends or from your accountant. In addition to this, you can also ask the Arizona Bar Association if they can refer you to some of their members who specialize in business law. Another good place to look is the Internet, which is host to a number of web site of lawyers and law firms.

After doing the initial research, you can now interview your prospects where you can ascertain whether the lawyer can really help you. One of the most important things you should do during these interviews is to explain your business to the lawyer and ask him about the ways that he can help you.

Starting a business can be very stressful, especially if you have to review a number of legal documents, which are sometimes very hard to understand. However, you can reduce the stress that you feel by hiring a business lawyer because doing so will give you access to good legal advice on legal matters and give you the assistance you need in negotiations and other important matters.

By: Jason Gluckman

NJ LLC Formation Lawyer

admin — Sat, 05 Dec 2009 03:56:04 +0000

When you decide to form your own business, you may have questions about what type of business formation to use. There are sole proprietorships, corporations, partnerships, and limited liability companies. All have their benefits and drawbacks, but knowing which one is right for your specific situation can be complicated. A NJ LLC formation lawyer can help you decide if a limited liability company (LLC) is the right business form for you and can also help you prepare and file the paperwork necessary for forming an LLC.

LLC Creation

Forming a sole proprietorship or partnership is a little less difficult than forming a limited liability company. For a limited liability to be formed legally, it must be formed in the state in which the business operates. This means that paperwork and fees must be submitted to officially create an LLC. Under the guidelines for LLC formation, you must designate that the business is an LLC by using the terms “LC,” “LLC,” or “limited liability company” in the official name of the company. You must also file articles of organization for your limited liability company. An NJ LLC formation lawyer can help you prepare the paperwork and ensure that it is submitted correctly.

LLC Continuity

When you form a limited liability company, you must think about the continuity of the company. What will happen if you pass away? What happens if you decide you want to retire? If you do not specify what you want to happen to the LLC if you leave, it will dissolve. However, you can provide other instructions in the LLC’s articles of organization. For example, you may designate someone to step in and run the company if you can longer to be involved in the business. An NJ LLC formation lawyer can help you prepare your articles of organization and ensure that they contain all of these provisions.

LLC Control

The articles of organization for your LLC are extremely important. This document also outlines how the company will be controlled. Company members often share the responsibilities of running the company and split the income. You can specify the responsibilities of each member or provide for a specific percentage of the company’s income to be given to each member by including this information in the articles of organization for your limited liability company. Since you don’t want to leave out important information, you can work with an NJ LLC formation lawyer to ensure that the articles of organization outline exactly how you want the business to be run.

LLC Liability

One of the most attractive benefits of forming an LLC is that the members of an LLC are not personally liable for the company’s debts. In a sole proprietorship, the business owner is personally liable for debts or other claims. That means a business owner could be forced to give up his assets to pay off business debts. The members of an LLC would not have to do this because their assets are considered separate from those of the company.

Working with an NJ LLC formation lawyer can help you determine if a limited liability company is the right choice for your new business.

By: Michael Tasner